Safeguard the election panel's independence

A new bill to select the CEC and ECs has sparked a row. But the real issue with the legislation is that it cedes control of the body to the executive

- Gautam Bhatia

The Union government’s introduction of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 in the just-concluded monsoon session of the Parliament has caused significant controversy. A large part of the discussion is focussed on the fact that the bill replaces the mechanism for selection of the Chief Election Commissioner (CEC) that was devised by the Supreme Court in Anoop Baranwal vs Union of India, a verdict delivered a few months ago. In that order, the Supreme Court held that the selection of the CEC must be done by a three-member committee comprising the Prime Minister (PM), the Leader of Opposition, and the Chief Justice of India (CJI). The Election Commissioners bill replaces the CJI with a cabinet minister nominated by the PM. Criticism of the bill has thus centred on how it undermines the apex court’s judgment, whereas its defenders have pointed to the fact that the top court itself noted that the arrangement it was setting up was temporary, until Parliament passed a law in this regard.

But by focussing on the presence — or absence — of the CJI in the selection committee, this debate misses the point. The primary focus of the